city, county, city and county, or other division), of the state of California, on the day of 18-, do solemnly swear that I have paid for my expenses at said primary election, and for all purposes of furthering my candidacy, directly or indirectly, within six months prior thereto, the sum of $ and no more, and that except as aforesaid, I have not, nor to the best of my knowledge and belief has any person, club, society, or association on my behalf, directly or indirectly, made any payment, or given promises, or offered any reward, office, employment, or valuable consideration, or incurred any liability on account of, or in respect to the conduct or management of the said election, and that I have not, directly or indirectly, promised any office or reward for any support of my candidacy prior or subsequent to said primary election. And I further solemnly swear that, except as aforesaid, no money, security, or equivalent for money; has, to my knowledge or belief, been paid, advanced, given, or deposited by any one, to or in the hands of myself, or any other person for the purpose of defraying any expenses incurred on my behalf, or in aid of said primary election, or of my nomination, or on account of, or in respect to the conduct or management of the said primary election. And I further solemnly swear that I will not at any future time make, or be a party to the making, or giving of any payment, reward, office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide, or be a party to the providing, of any money, security, or equivalent for money, for the purpose of defraying any such expenses.

If the candidate seeks to avoid the responsibility of any illegal payment made by any other person in his behalf, he shall set out such illegal payment and disclaim responsibility therefor. Candidates for office to be filled by the electors of the state, or of any political division thereof greater than a county, and for members of the senate and assembly, representative in congress, or for members of the state

board of equalization, state board of railroad commissioners, shall file their statements in the office of the secretary of state. Candidates for all other offices shall file their statements in the office of the clerk of the county where the primary election and convention is held, and within which the duties of the office for which the candidate is nominated are to be exercised. Vouchers must be filed for all expenditures except in case of sums under five dollars.

SEC. 35. Any candidate nominated for any public office who shall refuse or neglect to file for at least ten days such statement shall not be placed upon any ballot, but the judge of the superior court of the county wherein such statement is filed, or is required to be filed, may, on the application of a candidate or a creditor thereof, allow any claim, not in excess of the maximum amount allowed by this act, to be presented and paid after the time limited by this act; and a statement of any sum so paid, with a certificate of its allowance, shall forthwith, after payment, be filed by the candidate in the same office as the original statement of the candidate. If the candidate, upon such application, shall show to the satisfaction of said court that there is any error or false recital in such statement or affidavit, or that the failure to make such statement or affidavit, or to present, within the designated time, a claim, otherwise just and proper, has been occasioned by the absence or illness of such candidate, or by the misconduct of any person other than such applicant, or by inadvertence or excusable neglect, or for any reasonable cause of a like manner, and not by reason of any want of good faith on the part of the applicant, the court may, after such notice of the application as the court shall require, and on the production of such evidence of the facts stated in the application as shall be satisfactory to such court, by order, allow such statement and affi davit to be filed, or such error or false recital therein to be corrected, or such claims to be paid, as to thecourt seems just; and such order shall relieve

the applicant from any liability or consequences under this act in respect of the matters excused by the order. If the application is made by a creditor, the court may, under like conditions, and upon a like showing, order the claim to be paid, and the creditor shall also be entitled to his costs. The claims of one or more creditors may be united in such application, but the amount and specific nature of each claim must be fully stated.

SEC. 36. No candidate of any political party or organization can have his name printed upon any ballot, to be voted for as a candidate for public office at any election in this state, unless he shall have been nominated by a convention composed of delegates chosen as provided by this act; provided, however, that nothing in this act shall prevent any candidate from being nominated as provided in section eleven hundred and eighty-eight of the Political Code; but such nominees can have no other designation on the ballot than the word "Independent"; and provided further, that no more than one candidate shall be nominated by one petition.

SEC. 37. No ticket or ballot must, on the day of a primary election, be given or delivered to or received by any person except the inspector, or a judge acting as inspector, within one hundred feet of the polling place. No person must, on the day of election, hold any ticket or unfold any ballot which he intends to use in voting, within one hundred feet of the polling place; exhibit to any other in any manner, by which the contents thereof may become known, any ticket or ballot which he intends to use in voting. No person must, on the day of election, within one hundred feet of the polling place, exhibit to another in any manner by which the contents thereof may become known, any ticket or ballot which he intends to use in voting. No person must, on the day of election, within one hundred feet of the polling place, solicit the support or vote of any other person, nor request another person to exhibit or disclose the contents of any ticket or ballot which such other persons in

tend to use in voting. If at any precinct or polling place there shall be a line of persons desiring to vote, no person shall remain in such line after he has voted, or after an opportunity has been had for him to so vote, nor shall such line be in any manner delayed or hindered.

SEC. 38. No polling place shall be held in any saloon where malt, vinous, or spirituous liquors are sold, or in any room leading from, or in any manner connected with such saloon.

SEC. 39. Immediately upon making out the credentials of any delegates elected under this law, the clerk shall mail to the secretary of each political party or organization which participated in the primary, a complete list of all delegates to whom credentials shall have been given, either by himself or by the various precinct officers as herein provided, and said clerk must, in a proper book to be kept by him, record the names of all delegates elected, with the vote received by each, specifying those to whom credentials have been given, stating when and where such credentials were issued, and whether issued by himself or by the various precinct officers as aforsaid, and if any delegate entitled to credentials shall not have received his credentials, or have lost the same, said clerk must, upon request, issue a new credential to such delegate, which must be stamped "Duplicate.

SEC. 40. When, at any time after the passage of this act, there is in any county, or city and county in this state, a duly qualified and acting registrar of voters, then, during the period that there shall be such a duly qualified and acting registrar of voters, all the duties herein imposed and acts required to be done by the county clerk of such county, or city and county, are hereby imposed and required to be done by such registrar of voters, in the place and stead of such county clerk.

SEC. 41. Within thirty days after the passage of this act the secretary of state shall cause twenty thousand copies of this act to be printed in pamphlet form for free distribution.

SEC. 42. All acts and parts of acts inconsistent with this act are hereby repealed.

SEC. 43. This act shall take effect immediately.

The primary election law known as the "Porter law" of 1865 [Stats. p. 438] was superseded by the adoption of the codes. See Political Code, sections 1357-1365. Both the Porter law and the code left it optional with political parties whether to hold primary elections thereunder or not.

A primary election law was passed in 1895 [Stats. p. 207], but by section 26 of the act it was declared to be applicable only to counties of the first and second classes, and it was therefore held unconstitutional in Marsh v. Supervisors, 111 Cal. 370. See also Gett v. Supervisors, 111 Cal. 367.